September 25, 2013

Apple-Legal Wins the Right to use iPhone in Brazil on Appeal

In February we posted a report titled "Bizarre Ruling has Apple Losing their iPhone trademark in Brazil." We noted at the time that Apple-Legal would appeal that decision and yesterday their appeal resulted in the overturning of the previous ruling from the Brazilian Intellectual Property Institute. The decision was issued by a court in Rio de Janeiro.

According to BNamerica's report, Apple had appealed INPI's initial ruling arguing that Gradiente's right over the iPhone name should have expired, as the Brazilian firm did not trade any products under that name in the five years after it was granted ownership. INPI granted Gradiente the patent in January 2008.

The court in Rio ruled that IGB Electronica, Gradiente's controlling company, cannot be the exclusive owner of the brand. The judge also ruled in his decision that Gradiente's name was just the combination of "internet" and "phone", referring to a mobile phone with internet access, while Apple already had an extensive "i" product line, registered in several countries.

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